Children should not be constantly moved from school to school. It is important
for children to have consistency,
so as GAL, you should consider if the student has been subjected to multiple school
placements in a short period
of time and why, how adjusted the child is to his/her current school (including
available course and recreational
offerings, peer supports, and significant relationships with teachers or
other adults), the travel time involved
in attending school, and the student's progress in school.
It is important to consider where the child lives and who the child lives with
when determining what school
district the child should be attending or will continue to attend.
Generally, a student is a resident of the district where the parent resides
(20-A MRSA 5202); however, there are exceptions. If the student is a state ward,
the student is a resident of the school district where the child is placed.
If a student is not a state ward but is placed by a state agency in a residential
placement other than a residential treatment center, the student is considered
a resident of the school administrative unit where the residential placement
is located. If a student is homeless, different rules apply. See section on
Homeless Children.
Another exception to the general residency requirement is when a superintendent
determines it is in the best interests of the child to attend his/her district’s
school based on extenuating circumstances. This exception applies if the student
lives with someone other than his or her parent or legal guardian. The student
can attend the school where the student resides after the superintendent of
the school unit determines it is in the student's best interests to attend that
school because 1) it is undesirable and impractical for that student to reside
with the student's parent, or that other extenuating circumstances exist which
justify residence in the school unit, and 2) the child is residing in the school
administrative unit for other than just education purposes. It is important
to know that this exception does not require the student to be living with his/her
legal guardian. Instead of legal guardianship, a written request can be made
to the superintendent. As Guardian ad litem, you may have to submit that request
on behalf of the child. See 20-A MRSA 5205(2).
There is also a transfer student exception. This applies when superintendents
of two different school districts (the school where the student resides and
the school where the student wants to attend) agree that the student should
go to the school where the student is not residing. This situation might arise
in a GAL case when the parents separate and move the children to a different
school district mid-year. You, as GAL, may be able to write to both superintendents
to request the student remain in the school where the student is no longer residing.
For example, a student was attending school A while living with both parents.
The parents separate in March, and student moves with Mom to a different school
district. Dad stays in the home located in school A’s district. Both parents
are seeking primary residence. As GAL, you believe it is not in the best interests
of the child to transfer schools because 1) it is late in the school year, and
2) there is a possibility the child will be placed with Dad in School A’s
district. Upon written request, the superintendents of the districts where Dad
and Mom reside can agree to allow the student to remain in School A if 1) they
both find it is in the student's best interests to go to School A, and 2) the
parents approve. You can write the letter on behalf of the parents to request
this transfer placement and explain why it is in the student's best interest
to remain in School A. This residency exception may also be necessary in cases
in which physical possession of the home is at issue and may result in the child
being displaced not only from his/her home but also from his/her school. The
exception would eliminate power issues between the parents that link possession
of the home to the child(ren)'s education. See 20-A MRSA 5205(6).
